Senate amendment to the second edition makes the following changes.
Removes provisions directing the Coastal Resources Commission (Commission) to: (1) implement the Jockey's Ridge Area of Environmental Concern, 15A NCAC 7H. 0508, (2) to approve a map identifying the boundaries of the Jockey's Ridge area of environmental concern for purposes of implementing these requirements by June 1, 2024, and (3) to adopt proposed rule 15A NCAC 7H .0508 as a permanent rule as soon as practicable, but no later than November 1, 2024.
Adds new GS 113A-113.1, designating Jockey's Ridge (the tallest active sand dune along the Atlantic Coast of the US) as a unique coastal geological formation area of environmental concern. Describes the boundaries of Jockey Ridge's area of environmental concern. Specifies the following three use standards that development within the area of environmental concern must follow: (1) requires a permit for development requiring the removal of greater than ten cubic yards of sand per year; (2) any sand that is removed must be deposited at locations within the Jockey's Ridge State Park designated by the Division of Coastal Management in consultation with the Division of Parks and Recreation; and (3) development activities cannot significantly alter or retard the free movement of sand except when necessary for the purpose of maintaining or constructing a road, residential or commercial structure, accessway, lawn or garden, or parking area, unless allowed by the Management Plan of Jockey's Ridge State Park.
Makes conforming changes to act's title.
Bill Summaries: H426 (2023-2024 Session)
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Bill H 426 (2023-2024)Summary date: May 9 2024 - View summary
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Bill H 426 (2023-2024)Summary date: May 1 2024 - View summary
Senate committee substitute deletes the content of the 1st edition and replaces it with the following.
Directs the Coastal Resources Commission (Commission) to implement the Jockey's Ridge Area of Environmental Concern, 15A NCAC 7H. 0508, as approved for the initiation of permanent rulemaking by the Commission on April 25, 2024, as if the proposed rule was effective, until the proposed rule becomes a permanent rule. Requires the Commission, by June 1, 2024, to approve a map identifying the boundaries of the Jockey's Ridge area of environmental concern for purposes of implementing these requirements. Requires the Commission to adopt proposed rule 15A NCAC 7H .0508 as a permanent rule as soon as practicable, but no later than November 1, 2024; specifies that this is not to be construed as directing the Commission to adopt the text of the proposed rule verbatim.
Enacts GS 146-29.3, requires the Department of Administration (DOA), before granting an easement upon State property for the disposal or dumping of spoil materials lawfully dug or dredged from navigable waters, to hold a public hearing where the proposed disposition is located and submit the proposed disposition for consultation with the Joint Legislative Commission on Governmental Operations. Applies to requests for proposed dispositions submitted for DOA approval on or after August 1, 2024.
Enacts GS 143-214.7D, excluding six categories of surfaces from the term "built-upon area", defined as provided under current law in GS 143-214.7(b2), or impervious or partially impervious surface in the context of implementing State or local government stormwater programs. Specifies that a slatted deck, the water area of a swimming pool, described stone surfaces and trails, landscaping material, and described artificial turf are exempt. Allows property owners and developers to opt out of any of the specified exemptions. Bars local governments from enforcing ordinances, plans, or stormwater programs that establish a definition of "built-upon area" or impervious surface that is inconsistent, notwithstanding specified statutory authorities. Authorizes the Commission to adopt implementing rules. Repeals GS 143-215.7(b2), which previously set forth the definition for "built-upon area", but did not include specified artificial turfs in the term's exemptions, and allowed property owners and developers to opt-out of the described exemptions. Directs local governments operating stormwater programs to update their programs consistent with new GS 143-214.7D.
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Bill H 426 (2023-2024)Summary date: Mar 21 2023 - View summary
Requires the Environmental Management Commission and Department of Environmental Quality, no later than 180 days after the effective date of this act, to reopen and modify the Aquaculture Permit (the National Pollutant Discharge Elimination System (NPDES) General Permit NCG530000 for discharges from seafood packing and rinsing, aquatic animal operations, and similarly designated wastewaters that took effect on December 1, 2021) as follows. Requires modifying the Aquaculture Permit so that it is substantively identical to the Prior Aquaculture Permit, defined as the NPDES General Permit NCG530000 for discharges from seafood packing and rinsing, aquatic animal operations, and similarly designated wastewaters that expired on March 30, 2021, and was subsequently replaced by the Aquaculture Permit. Defines substantively identical to include, at least, that species monitoring, discharge characteristic provisions, and best management practice requirements are no more stringent than and impose no requirements in addition to those in the Prior Aquaculture Permit. Expires when the Commission revises the Aquaculture Permit and notifies the Revisor of Statutes that it has done so.